New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Notification under the rma

Legal area

Court

3 Dec 2021

HUGHES v AUCKLAND COUNCIL [2021] NZHC 3296

Citation

[2021] NZHC 3296
Court

High Court

The Court refused to decide the merits because the applicant failed to join and serve the Board of Trustees (a party to the underlying resource consent proceedings), contravening the requirement in s9 of the Judicial Review Procedure Act and fundamental rules of natural justice; the procedural defect is fatal and relief cannot be granted until affected parties are joined and given an opportunity to be heard; matter remitted with directions for joinder and timetable for costs submissions.
12 Nov 2014

BURNIE & ORS v BAY OF PLENTY REGIONAL COUNCIL & ORS [2014] NZHC 2807

Citation

[2014] NZHC 2807
Court

High Court

Interim relief was declined because the applicant failed to demonstrate a real contest and a reasonable chance of success on the central argument that the applications should have been jointly heard; s91 was not engaged once the Regional Council decided not to notify; there was no necessity to preserve the applicant's position given minimal delay, no evidence the landfill could operate before the substantive hearing, and the residual discretion did not favour granting interim orders.